Issues of the Case

In the case of EBay Incorporated versus MercExchange, we are informed that MercExchange sought to license its business method patent to EBay Incorporated, but no agreement was reached. MercExchange then sought a patent infringement suit and a jury found that its patent was valid, that EBay Inc. had infringed the patent, and that damages were appropriate. However, the District Court denied Mercexchange’s motion for permanent injunctive relief. In reversing, the Federal Circuit applied its “general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.” 401 F. 3d 1323, 1339. Mercexchange then proceeded to push the infringement suit and when that happens they must go through a series of tests to prove whether they truly can dispute under the Patent Act. This requires Mercexchange to demonstrate that “it has suffered an irreparable injury, that remedies available at law are inadequate to compensate for that injury, that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted, and that the public interest would not be disserved by a permanent injunction.” These principles apply with equal force to Patent Act disputes. “[A] major departure from the long tradition of equity practice should not be lightly implied.” Weinberger v. Romero-Barcelo, 456 U. S. 305, 320. These tests are then evaluated by the Supreme Court. EBay Inc. and Half.com, Inc., argue that this traditional test applies to disputes arising under the Patent Act. Petitioner Half.com, now a wholly owned subsidiary of EBay, operates a similar Web site. MercExchange holds a number of patents, including a business method patent for an electronic market designed to facilitate the sale of goods between private individuals by establishing a central authority to promote trust among participants. MercExchange sought to license its patent to eBay and Half.com, as it had previously done with other companies, but the parties failed to reach an agreement. MercExchange subsequently filed a patent infringement suit against eBay and Half.com in the United States District Court for the Eastern District of Virginia. As this Court has long recognized, “a major departure from the long tradition of equity practice should not be lightly implied.” Nothing in the Patent Act indicates that Congress intended such a departure. ThePatent Act expressly provides that injunctions “may” issue “in accordance with the principles of equity.” To be sure, the Patent Act also declares that “patents shall have the attributes of personal property,” §261, including “the right to exclude others from making, using, offering for sale, or selling the invention,” §154(a)(1). According to the Court of Appeals, this statutory right to exclude alone justifies its general rule in favor of permanent injunctive relief. But the creation of a right is distinct from the provision of remedies for violations of that right. Indeed, the Patent Act itself indicates that patents shall have the attributes of personal property.

Fact of the Case

Facts of the case

EBAY INC. v. MERCEXCHANGE, L. L. C.

Argued March 29, 2006—Decided May 15, 2006

Petitioners operate popular Internet Web sites that allow private sellers to list goods they wish to sell. Respondent sought to license its business method patent to petitioners, but no agreement was reached. In respondent’s subsequent patent infringement suit, a jury found that its patent was valid, that petitioners had infringed the patent, and that damages were appropriate. However, the District Court denied respondent’s motion for permanent injunctive relief. In reversing, the Federal Circuit applied its “general rule that courts will issue permanent injunctions against patent infringement absent exceptional circumstances.

The traditional four-factor test applied by courts of equity when considering whether to award permanent injunctive relief to a prevailing plaintiff applies to disputes arising under the Patent Act. That test requires a plaintiff to demonstrate: (1) that it has suffered an irreparable injury; (2) that remedies available at law are inadequate to compensate for that injury; (3) that considering the balance of hardships between the plaintiff and defendant, a remedy in equity is warranted; and (4) that the public interest would not be disserved by a permanent injunction. The decision to grant or deny such reliefs an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion. These principles apply with equal force to Patent Act disputes. “[A] major departure from the long tradition of equity practice should not be lightly implied.” (Weinberger v. Romero-Barceló, 456 U. S. 305, 320. Nothing in the Act indicates such a departure. Pp. 2–6. 401 F. 3d 1323, vacated and remanded.)

It was then taken to the Supreme Court where they evaluated the tests taken and gave their conclusion on whether the patent infringement will stand in court.

Illicit

Illicit

I think that we as a whole are sorely affected by copyright infringement and it is so common and overlooked because what we see is a good deal on a certain product, was obtained in a most uncommon way. It comes back to the manufacturer because it cuts into their profit and the people involved are just scooping money out of them like there is nothing wrong with it. It is supply and demand with a twist and America is buying in on it. When watching the documentary, I saw people in Hong Kong selling these knock off products like you see the sales person in a mall kiosk sell their lotions and steamers. Sure, it is all at a good price but what you do not see is the lengths those people go through just to hustle their consumer. They say they do it to survive and I understand that times are hard but it comes to a dangerous point when it comes to how these knock offs are acquired. The making and distribution of pharmaceuticals was a topic that really scared me because they could not afford to buy the ingredients made for those drugs so they just grabbed whatever they could find and made the pills in their basements. Some of these ingredients were poisons and people were buying them because they were considered a good deal. Pesticides, glue, and paint were being ingested by people who thought they were using medicines. When you watch this documentary, you see under a fine microscope what this world of black market trading is capable of. You see how everyday people participate in such trades from the consumers to the producers and in the end, somebody always paid. It makes you wonder if the price you pay is really what you bargained for.

What are your Rights as a Landlord?

What are your right as a property owner? Personally, I think that when making such a big investment like that, you have to take extra precautions when choosing your tenant. It is extremely important to screen your tenants before that person decides to take up any residence. In the movie Pacific Height, a couple buys a large house in an exclusive San Fransisco neighborhood. They renovate it and plan to rent two apartments on the first floor to cover the costs. When they meet a man promising to cover the rent for the next six months, they assumed that he would meet his promises and allowed him to move in. But it turns out that he is not the perfect tenant that they expected. He never pays any rent, drives the other tenants away and systematically ruins the lives of his landlords. Because paying your mortgage is directly dependant upon your tenants paying you, you should always run a credit check and a check of the tenant’s prior rental history through companies making this information available for a nominal fee. (Consumer Affairs and Business Regulation http://www.mass.gov) Obtaining a security deposit and the rent is a good way to ensure that the tenant you take in can promise to be a responsible tenant with the rent. Interest must be paid to the tenant either on the anniversary date of the tenancy or on a pro-rata basis, if the tenancy ends before one year, for all months except the last month of the tenancy. It is also the responsibility of the landlord to make pre-rental preparation on the apartment. You must make a complete inspections and assess to any damages that were made by the previous owners. Once those are done, be sure to obtain the Inspector’s sign-off once all violations have been corrected. This sign-off also acts as violation-free base line if the tenant should claim there are problems with the apartment after taking occupancy (Consumer Affairs and Business Regulation http://www.mass.gov). Getting all of these duties done and taken care of can ensure that you will maintain an orderly place of residence.

Greed is Good?

Greed is Good? Some people say that if you really want something and if you are willing to do anything to get it, it may require you to step on anybody to obtain it. Friends or family, you would throw them all under the bus if it meant that you would finally get to the goal that you set for yourself. So greed is defined as an excessive desire to acquire or possess more than what one needs or deserves, especially with respect to material wealth. It is also one of the seven deadly sins. Is one willing to commit one of these sins just to obtain respect and material wealth? It would seem like one would seriously have to think it over and realize what they are sacrificing in order to get what they desire. Me, personally, I would not go as far as making extreme sacrifices to get what I want. I would appreciate the achievement of my goal if I had to really fight to obtain it. It would only lose its worth if I did otherwise and I probably would not even want it after knowing that I had to go through the process in way such as greed. I guess it depends on the mentality of each individual because everyone has their own views on how things work and whether they even are concerned for others or just themselves. But when the chips are down, it is all about survival and that is when some people’s morals are put into question. Some are backed so far into a corner that the initial reaction is to push out anybody blocking their way of escape. They have to do whatever it takes just to get out of the situation that they are in. But is greed the way to go?

What my Classmates Think of the Legal System

Overlooking what my classmates think about the legal system, I noticed that they all have very different opinions that deal with their experiences and just their all-around view of what makes it up. Some of them do not totally agree with the system but agree that without it, the U.S. would probably not be the same. Kyle H wrote that “If I were to stop and think about it the question I would realize that without the legal system the U.S. would be a different place maybe a place I wouldn’t want to be in. Yes, the legal system has it flaws but that is because it was created by people who have their flaws. From what I’ve seen and not experienced the legal system is full of many, many, many holes which people tend to pass through.” I do agree that there are deffinately a lot of holes in the system for people with the right power to go through and some of them have good intentions and I am sure some do not. Jordan G brought up that “They may make underhanded or unethical calls and deals with the other lawyer or judge in order to make their case possibly not the best it could be but in order to keep costs to a minimum, or they may try to uphold justice to its fullest potential in order to carry out a moral and ethical standing in the courts.” I can certainly agree that the law is not painted as a pretty picture in the media, and I do not really know why, but we cannot say that the things that we see on TV do not really happen out there in the real world. To think about how complicated it is can seem pretty freightening. Michael R mentioned “The legal system is so complex, and so overwhelming that I it scares me.” And it is true but Michael goes on to say “The legal system seems like a guideline of what not to do." And “So in turn I do my best to not break the law. However the fates have my path laid out I know that one day the legal system will come to bite me in the ass! Something I am doing my best to avoid.” I can appreciate the total honesty in that statement because things happen and you are bound to run into the law sooner or later and you must be ready for it when you do. Mixed emotions stir up when one is discussing the legal system and understanding it can help you handle it once it happens to you. Once it does happen, you will form the opinion for the legal system.

Used Cars-Crimes and Torts

Team: Kyle Hudson, Crystal Burrell, Ray Price, Dianne Polo 1. False advertising- tort 2. Battery – crime 3. Illegal gambling – crime 4. Vandalism of property – crime 5. Bribery – crime 6. Perjury – crime 7. Speeding – crime 8. Hit and run – crime 9. Reckless driving – crime 10. Minors driving without a license – crime 11. Fleeing scene of accident – crime 12. Attempted murder – crime 13. Reckless endangerment – crime 14. Reckless driving – crime 15. Threatening to cause bodily harm – crime 16. Slander – tort 17. Sexual harassment – crime 18. Tampering with video – tort 19. Accepting bribes – crime 20. Driving without a seatbelt – crime 21. Illegal use of firearm – crime 22. Lying to a customer – tort 23. Assault with a deadly weapon – crime 24. Minors driving without licensed drivers – crime 25. Animal cruelty – crime 26. Stealing – crime 27. Libel – tort 28. Endangerment of life – crime 29. Defying police orders – crime 30. Driving on oncoming traffic lane - crime